PC RES 2000-011t
P.G. RESOLUTION NO. 2000-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
VARIANCE NO. 466 AND GRADING PERMIT NO. 2173 TO
ALLOW CONSTRUCTION OF A 382 SQUARE FOOT DECK
AT THE REAR OF THE PROPERTY WHICH WILL PROJECT
OVER AN EXTREME SLOPE OF 50% BY 12'0", AS
MEASURED FROM THE TOP OF THE SLOPE, WHICH IS
SUPPORTED BY TWO CONCRETE CAISSONS WITH THE
PROPOSED DEPTH OF 16'0", LOCATED AT 27508
ELMBRIDGE DRIVE.
WHEREAS, on November 12, 1999, Mr. Daniel Houk submitted an
application for Variance No. 466 and Grading Permit No. 2173 to construct a new
382 square foot deck at the rear of the property, and project over an extreme slope
of 50% by 12'0", as measured from the top of the slope. The deck will also be
supported by two concrete caissons with a depth of cut of 160", located at 27508
Elmbridge Dave; and,
WHEREAS, on March 16, 2000 the applications were deemed
complete; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality
Act, Public Resources Code Section 21000 et seq. ("CEQA"), the State's CEQA
Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and
Substances Statement), Staff found no evidence that Variance No 466 and
Grading Permit No. 2173 would have significant effect on the environment and,
therefore the proposed project has been found to be categorically exempt (Class 1,
Section15301 ((e)(1)); and,
WHEREAS, after notices issued pursuant to the requirements of Rancho
Palos Verdes Development Code, the Planning Commission held a duly noticed
public hearing on April 25, 2000, at which all interested parties were given the
opportunity to be heard and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS
FOLLOWS:
Section 1: The project site has exceptional and extraordinary
circumstances in that the property has almost no usable rear yard area due to the
severely sloping nature of the lot, and almost the entire rear yard area is an extreme
slope that immediately descends away at the edge of the 8'0" wide paved patio and
adjoining 10'0" wide lawn area. Also, a majority of the residences along Elmbridge
Drive have existing decks due to the steep slopes that limit usable rear yard area.
These factors result in a unique situation which does not generally apply to
properties within the RS -4 zone. Therefore, there are extraordinary circumstances to
allow the deck to project over an extreme slope by 12'0".
Section 2: The Variance is necessary for the preservation and enjoyment
of a right that is possessed by other property owners under like conditions. The
project site is currently developed with a single family residence. However, the
applicant has the right to enjoy other areas of the property, including the rear yard
area Since the property has very little usable rear yard area due to the severe
slope, the property owners feel deprived of a privilege that is possessed by other
property owners within the same zoning district and citywide. The deck is necessary
in order to allow the applicant enjoyment of outdoor space within the rear yard area
since the existing 8'0" wide paved patio and adjoining 10'0" wide lawn area only
provide very limited use. Therefore, the Variance is warranted to allow the
applicants to enjoy their property right in a manner that is consistent with other
property owners in the RS -4 zone which do not have the specific conditions present
in this case
Section 3: Granting such a Variance would not be materially detrimental to
the public welfare since: 1) the deck will not create any significant view impairments,
2) there will be no infringement of privacy, and 3) the structure will not be visually
obtrusive from the public right-of-way since it will be located at the rear of the
property. Furthermore, the structure will be reviewed, inspected, and approved by
the Building and Safety Division. The project will be required to comply with all
safety standards of the Uniform Building and Fire Codes. Conditions of approval to
this effect are incorporated. Therefore, no injuries to the property and improvements
within the area will result due to the location of the proposed deck
Section 4: Granting the requested Variance to allow the 384 square foot
deck to project over an extreme slope is consistent with the goals and objectives of
the General Plan policies no. 1 and 2 since it will improve the property, and will not
change the visual character of the neighborhood. Also, a majority of the adjacent
residences have an existing deck at the rear of the residence that projects over an
extreme slope. Therefore, the granting of the Variance would not be contrary to the
objectives of the General Plan, and the subject property is not located in the Coastal
zone
Section 5: The proposed grading of 9.6 cubic yards for the two caissons
each at a depth of 160", complies with all the applicable findings for a Minor Grading
Permit.
P.C. Resolution No 2000-11
Page 2 of 3
Section 6: Any interested person may appeal this decision or any portion of
this decision to the City Council Pursuant to Section 17 02 040 (C)(1)(j) of the
Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City,
in writing, and with the appropriate appeal fee, no later than fifteen (15) days,
following the date of the Planning Commission's final action
Section 7: For the foregoing reasons and based on the information and
findings included in the Staff Report, Minutes and other record of proceeding, the
Planning Commission of the City of Rancho Palos Verdes hereby approves Variance
No 466 and Grading Permit No 2173, thereby approving construction of a new 382
square foot deck that will project over an extreme slope of 50% by 12'0", subject to
the conditions contained in Exhibit "A", attached hereto and made a part hereof,
which are necessary to protect the public health, safety and welfare in the area
PASSED, APPROVED, AND ADOPTED this 25th day of April 2000, by the
following vote:
AYES: Cartwright, Clark, Long, Lyon, Mueller, Paulson, and Vannorsdall
NOES:
ABSENTATIONS:
ABSENT-
oel R jas, AICP
D c r of Planni , Building
and Code Enforcement; and
Secretary to the Planning Commission
��J 17S
Frank Lyon
Chairman
P C Resolution No 2000;
Page 3 of 3
EXHIBIT "A"
CONDITIONS OF APPROVAL
VARIANCE NO. 466 AND GRADING PERMIT NO. 2173
GENERAL
1. Prior to the submittal of plans into Building and Safety "plan check", the
applicant shall submit to the City a statement, that they have read,
understand and agree to all the conditions of approval contained in this
resolution. Failure to provide said written statement within ninety (90)
days of approval shall render this approval null and void.
2. The approval shall be null and void after one (1) year from the date of
approval unless the approved plans are submitted to the Building and
Safety Division to initiate the "plan check" review process, pursuant to
Section 17.86 070 of the City's Development Code This approval shall
become null and void after initiating the "plan check" review process, or
receiving a building permit to begin construction, if said "plan check" or
permit is allowed to expire or is withdrawn by the applicant.
3. The Director of Planning, Building and Code Enforcement is authorized to
make minor modifications to the approved preliminary plans or any of the
conditions if such modifications shall achieve substantially the same
results as would strict compliance with said plans and conditions.
4. The abandonment or non-use of this approval after a period of one year
shall terminate the approval and any privileges hereunder shall become
null and void
VARIANCE
5. The proposed deck that will be located at the rear of the property shall not
exceed 384 square feet in area.
6. The deck shall not exceed 12'0" in height on the downslope side, as
measured from the top of the footing to the top of the handrail.
7 In no case shall the deck extend further than 12'0" over the extreme slope,
as measured from the top of the slope (elevation of 839.5)
8. The applicant shall have the plans for the proposed deck and caissons
reviewed, approved, and all required inspections obtained from the
Building and Safety Division.
P.C. Resolution No. 2000-11
Exhibit "A"
Page 1 of 2
9 The proposed deck shall be screened with foliage from the top of the
footings to the floor of the deck.
GRADING PERMIT
10 The total amount of excavation for the proposed caissons (2) shall not
exceed 9.6 cubic yards.
11. The depth of cut for each caisson (2 caissons permitted) shall not exceed
1610".
12 Prior to issuance of a final building permit, the applicant shall submit a
dump receipt for the proposed 9.6 cubic yards of export material.
MISCELLANEOUS
13 The minimum setbacks shall conform to the approved plans, but in no
case shall be less than,
Front: 20' Interior Side: 5'0" Rear: 15'0"
14 The proposed project shall not exceed the maximum lot coverage of 50%
on the property (proposed: 43.3%).
15 The hours of construction shall be limited to 7.00 a.m. to 7.00 p m.,
Monday through Saturday. No construction shall be permitted on
Sundays or on legal holidays.
16. The construction site shall be kept free of all loose materials resembling
trash and debris in excess of that material used for immediate construction
purposes. Such excess may include, but is not limited to, the
accumulation of debris, garbage, lumber, scrap metal, concrete, asphalt,
piles of earth, salvage materials, abandoned or discarded furniture,
appliances or other household fixtures.
P.C. Resolution No. 2000-11
Exhibit "A"
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